Tweetytorts- How Technology and Social Media affect Law

If your looking for a tort recipe that has your favorite blue bird in it, then dont be disappointed. Rather this is about how technology changes our laws, the we interact with those laws, amongst many other things. I am fascinated by how technology does this, however, not so fascinated with patent law and things of that nature, it all requires a lot more science and math then I wish to delve into!

Be careful of what you post on twitter! Here is a article in the Chicago SunTimes, on a apartment resident complaining about her apartment management company, then getting sued for “maliciously and wrongfully” posts. The tenet stated on her twitter post:

“Who said sleeping in a moldy apartment was bad for you? Horizon realty thinks it’s okay.”

Love the way technology is shaping the laws of the future! Its just incredible how our legal system works and then how technology plays into the role of developing, challenging, molding how we cope with the constructed system of rules, policy and norms. For example, now our English language has words like "tweet" and "twitter":

posted a "tweet on Twitter, thereby allowing the tweet to be distributed throughout the world.”

The Chicago Decider had this to add too on defamation, which is good for all you social media users out there:

This is Chicago’s first Twitter-related case, according to Evan Brown, an intellectual property and technology lawyer with local firm Hinshaw & Culbertson LLP. He says Horizon might have a case. All it has to do is prove a defamatory statement was published, adding, “In defamation law, publication has a special meaning—all it means is that words were uttered, or made available to someone else.” Even just one person, and regardless of the medium (blogs, IM conversation, real-life conversation). “It’s not enough for the defendant to say, ‘I was on Twitter’… It is a tool through which a person can defame another.”

Defamation occurs when falsities are asserted as facts, and when that assertion hurts an individual’s or business’ reputation. A tweet about the management company being a bunch of morons, Brown explains, would be protected speech; the sentence can’t be proved true or false, since it’s based on someone’s opinion. But a statement about mold in an apartment isn't up for debate; the mold exists or it doesn't. “No reasonable person would think her assertion of mold is mere opinion,” Brown says. “It’s an assertion of fact, 140 characters or not.”

Being in the "publishing" world in a quasi sort of way due to the public arena of social media raises lots of challenges for individuals! That raises another issue, how many cases out there that are based on social media.

So the first ever twitter lawsuit award goes to, none other then- Courtney Love, there are an abundent amount of articles out there on this lawsuit. The gist is that Love got upset with a designer and tweeted away with racial slurs and ranting about the designer with a long, long, long list of tweets, myspace and other social media posts on the designer (Dawn Simorangkir). Said designer ran to local "sue-first-ask-questions-later" attorney and the un-holy union of pissed of designer and trail-park Love is born the tweeter lawsuit legal department in ritzy law firms across the United States.

Here are some other tweety-torts:

Cardinals manager Tony La Russa recently settled his prior defamation lawsuit against Twitter, here.

Likewise, Mark Cuban, the owner of the Dallas Mavericks, was fined $25,000 for a tweet about the refereeing of his team’s 103-101 loss to Denver, here.

Fun times on tweeter!

Modernity: Moving, A Microwave and a Dishwasher

Part of the modern man's life is this ability to go from one place to another- the concept of "moving". To pick up one's belongings and just put down roots in a new place, even if it happens to be on the other side of the planet.

Imagine two hundred years ago talking about moving to a "new village". In China you still can't get around without some sort of government papers sanctioning your traveling- or at least thats what I remember. Even if that weren't the case, they kept people from the streets during the Olympic games.

Movement seems to be a pretty "modern" thing in a way, however, American spirit on the other hand is more ADHD orientated where we are a society of people who wanted freedom, movement, change, development, challenges and risks- heck, its a society based on a whole bunch of misfits who didn't belong in their own lands and they came here where there just happened to be a lot more people who were just as set on doing things their own way- so moving is just a way of life. (Read "Driven to Distraction")

It's all good. I am participating in the time honored ritual of "moving"- for the first time in a year, I actually stayed put in one place long enough to get furniture, become "domesticated". While I hate the idea of "moving" and "things"- "things" that I have now become attached to and find to be "prized possessions" I can't depart with- I am looking forward two things I have really found to be critical for modern existence:

1. The Microwave
2. A Dishwasher

I am not sure how I survived the past year without these things- in fact I am not sure how any household can go anytime without these two things. That's why I am quite excited to have both of them in my new place!

What do you get when a Rabbi, Priest and Imam does something wrong?

Oh, I got the answer- A WHOLE SHIT LOAD of trashing religion! (or they might be going surfing if they happen to be walking together on the beach!)

Look I am a person of faith. My faith defines me, its how I identify and approach my life. However, being a person of faith also means the way in which I carry myself represents my religious beliefs, the faith and how others relate to it. However, my behavior alone should not dictate the faith. One bad apple (possibly me) doesn't mean we toss the entire bushel of apples out to the pigs (oops, I said pig, plural, pigs; my family will be upset).

What I find truly disheartening is the using of individual actions of a certain person of faith to put down the entire faith community. The most recent case in point has been the Rabbi's in New Jersey.

I haven't followed the news stories on this, seems to be a "HUGE" item considering that all the Muslims activists are posting up on social media in regards to this shameful and utterly sad news lead.

What I found problematic was particularly the language and the emphasis on the "Jewish Rabbi" connection. Any American Muslim you speak to will enlighten you about how the media constantly highlights the faith of a Muslim committing an act of violence- beheading and domestic violence, child abuse and criminal behavior. The perpetrator's faith becomes a highlighted feature when they are found to be Muslims, and most journalists argue the fact that this is key to their story, relevant because it adds to build the story further, yet no such thing is done when a child molester happens to just be some blue collar white guy, or the domestic violence happens to be carried out by a Baptist black man or a Roman Catholic Mexican.

Many Muslims have argued this perspective in order to support their own application of this underhanded and inappropriate practice in terms of the Jewish Rabbi's arrested in the current New Jersey incident.

If we as Muslims are offended by this practice then why are we carrying out the very deed when it happens to be another faith community? Are we so childish as to do the very action we wish to demand cessation of?

However, Muslims are not solely to blame for this. Media personalities themselves selectively utilize this practice, as do other faith based communities.

During the Catholic Priest child molestation trails, Catholicism was branded the "spiritually depraved" Church. The Jewish synagogues in West Los Angeles and even in Orange County full heatedly invite loons like Bridgett and show movies such as Obsession branding all Muslims terrorists as do organizations like the Zionist Organization of America and the Anti-Defamation League. In fact the Israeli foreign office is now rolling out with a campaign that highlights the "Grand Mufti of Palestine" meeting with Adolf Hitler in a bid to try to counter and destroy the efforts of Zionists Jews from setting up Israel in what was then the British Mandate of Palestine, all in the hopes of presenting the Palestinian cause for statehood in line with the nefarious and atrocious actions of a European psycho-path.

Evangelical leaders continue to demonize and defame Islam and Muslims. Yet when Muslims have a chance to rise above- it seems that we too fall in the trap of "mud slinging".

Yes I was disheartened to see the rhetoric and also the almost "gleeful" attitude of "thank God this time its not Islam or Muslims plastered all over the national headlines", however, I was not surprised.

Lets do rise up above this petty behavior and get on with the real important business of making America a place for all Americans and not just a selective few?

Update- similar conversation going on about "bad Rabbis" but in relations to how the congregation takes these sorts of developments.

Testing the Israeli Celcom Comercial- Reality Check

Cell phone commercials tend to be "harmless" and usually reflect the ideas of connecting people and in cases where there is disagreement having the wrong cell phone carrier with crappy reception and dropped calls can create for furthering animosity. So putting that logic to test an Israeli cell phone company decided- "hey, the apartheid wall (or in Israeli Zionist speak 'security fence')would make an awesome case of showing how we can call our friends to play a game of futbol (soccer) with the Palestinians." Watch their brilliant idea:



As a fantasy- good idea. Now watch the reality as Palestinians try to put the celcom fraternity idea to test:



People shouldn't be surprised with the tear gun, gas granades and rubber bullet response- everyone knows the Israeli Defense Forces are the most "humane" bound forces- here, here and here.

Just take a look at this "very scientific" study done below as scientist explore the question "Do IDF soldiers have a tendency to over-react?"

One Day, Suspicious Charges, and the Death Penalty

Watch CBS Videos Online

Related Posts:

Torture, US (FBI) and the Death Penalty
Something Worse then Rendition
Torture- Not Right for the US or Humanity

"We’re all Americans and we’re fighting for the same cause"

The story of Colonel Young Oak Kim is inspiring. Born in Los Angeles, Kim, a second-generation Korean American, enlisted in the U.S. Army in 1941. After graduating from officer candidate school—the only Asian American in his class—he was assigned to the 100th Infantry Battalion, a segregated unit of Japanese American soldiers. His commanding officer was willing to arrange a transfer fearing ethnic tensions because Korea remained under Japanese control at that time. Kim turned it down, saying: “There is no Japanese nor Korean here. We’re all Americans and we’re fighting for the same cause.”

While American history is filled with these types of amazing individuals with inspiring stories, it is of significance for minorities in the United States- particularly because they are minority communities in the pre-dominantly European-Christian population (however, in California this group is exceedingly becoming a "minority")- because it adds a sense of cultural, racial affinity that affirms the minority communities contributions, advancements and history in the US.

Having now gone on the Manzanar Pilgrimage three years, I find that each time I go I learn something new from an former Internee, veteran and the generation that followed that generation and took up the redress banner and won. There are things in their stories that I, as a South Asian (Pakistani), American Muslim, immigrant appriciate.

For example, one time I was told about the shower situation. The army had constructed barracks and the showers and toilets were communal. There were no dividers between stalls or showers/tubs. This was very difficult for the Japanese internee's becuase the social/cultural norms on modesty, protecting one's body and deep sense of privacy were irrelevent in the given set-up. This made it hard for many to shower, to use the toilets. Often times internees went late in the night or early in the morning, avoided going to places nearby and "hiking" a mile or more to another part of the camp so as not to run into one's family, close friends. These sorts of considerations also lead to the break-up of the tight social construct of the family, erroding away of the patriarchal structure of the family due to the "need to accomadate to the new situation".

These sorts of changes were not temporary, and infact greatly changed Japanese American community. It created a greater level of mistrust amongst the community. It created "dysfunctional" families and further lead to the decentralization of family, society and culture.

I can relate to something that seems so insignifanct at "showering facilities", having a place in a much larger and greater social mechanism that makes up the values, society and culture of the community.

Thats why I was really excited to hear Colonel Young Oak Kim's story, and more importantly, see him honored in a very touching, personnel and moving way.

LAUSD moved to vote unanimously to rename the Central Los Angeles Area Middle School No. 3, the Young Oak Kim Academy. President Moníca García says

“The life of Col. Kim demonstrated his leadership, commitment and dedication to public service,” García said. “I am so very proud to be part of naming this new school for him. He is not only a Belmont High School graduate, a war hero and a community activist he is also a great role model for the students of the Los Angeles Unified School District (LAUSD). As President of the Los Angeles Board of Education, I am committed to exposing our students to significant role models that will improve their self esteem, instill a greater sense of cultural pride and awareness, and motivate them to become socially responsible, lifelong learners.”

Young Oak Kim Academy will include classrooms for two small, single-gender learning
communities, a library, multipurpose room, cafeteria, gym, roof-top athletic facilities and
a grass playground. It is scheduled to open on September 9, 2009 for 800 students who
will focus on science, technology, engineering and mathematics.

You see, even after Colonel Kim's active duty with the military, he was passionate about education and perserving the history of ethnic minorities in the United States. He organized and founded several non-profits, including the Go For Broke Educational Foundation, its focus is on education. Go For Broke provides a place and means by which all people can share their stories and recognize how the legacy of their lives contributes to the great American ideals of freedom and equal opportunity for all.

Colonel Kim is truly an inspiration, had it not been for my friends at the Pacific Asian Counseling Services (PACS), I might have continued on without benefiting from his story.

Tariq Ramadan: Innocent Until Proven Guilty says the Court

Looks like the Court has decided Tariq Ramadan deserves some American justice- ie, not guilty until proven guilty!

If you don't know Tariq Ramadan is an eminent Muslim scholar, probably the FIRST EVER hailing from the West- Switzerland- and who writes predominantly about Muslims in the West.

He is seen as a intellectual force to contend with, and has consistently spoken against the ideologies that are now claiming to "represent Muslims" worldwide- the fanatical, extremist, stark raving mad al-Qaeda types, and also the ignorant, we-wanna-try-to-make-a-difference-but-are-to-stupid-to-think-for-ourselves Taliban types.

He's provided Muslims in the West the ability to intellectually challenge, but also engage with some realities of living in the west- dealing with post-colonization, Islam and post-modernity, this idea of "reformation in Islam".

When Ramadan got a visa to the US, it was with the idea he would take on a position at the University of Nortre Dame. American academia and American Muslims were very excited, and I believe Ramadan himself knew the critical nature of his position in the US where the intellectual challenge was taking shape, and where an American (Western) society was shaping an Islam that was stripping away the baggage of colonization, race, gender, sects and even nationalism- to create a Islam that was spiritual, individually motivated toward intellectual engagement as well as engaged with the challenges faced by Muslims and by humanity.

The Bush administration, in the face of "We are at war with terrorists, not Islam" outright rejected his visa. The irony of the situation still amazes me- Ramadan was the complete incarnation of the perfect ally against extremism, and mainstreaming the "moderate voices" the right and even the left in America were clamouring to hear from.

The current ruling, isn't anything too exciting. All it says is that America has this principle of being innocent until proven guilty and the Tariq Ramadan gets a chance to prove why he believes he was innocent of the claim the government made that he was donating to a "terrorist organization". Tariq Ramadan has consistently claimed that he had no knowledge of the terrorist links and that he was donating at a time well before the US ever moved to place the organization on the list. The argument being, until it got on the list, the US had no issues with it, and when it was on the list, Tariq Ramadan had long before that stopped donating to it (?).

There is no retroactive punishment for individuals who commit a crime before that thing is declared a crime, at least none to my knowledge.

You can read further here at the NY Times.

Right wingers- conservatofacist- label him a "soft-jihadi" who furthers "Stealth Jihad" and "sharia supremacism" with all sorts of other grand master plan- Elder of Zion sorta stuff- have created around him this idea that he is the GUY. But what I find difficult to comprehend is how is this sort of conspiratizing any different then the "Zionist rule the world" dribble.

In my mind, both of these mentalities are two sides of the same coin, and both need to be challenged and discredited.

Related Reads:
Tariq Ramadan: Why I'm Banned in the US
Tariq Ramadan: Muslims and Palestine
Visit Top Muslim Blogs!

Condi Has Some Sense of Humanity

I never was a fan of Condoleezza Rice. I didn't agree with many of my African American friends who saw her as an "Auntie Tom" (play on the "uncle tom" label), I was sorely pissed off by her nonchalant comments during Israel's invasion of Lebanon where she stated that "these were the birth pangs of democracy". I had all but decided that she had sold her soul to Bush and the Devil.

Then comes this news article where Rice is quoted saying:

She also took a moment to talk about how America is viewed in the world.

"Our national myth is the log cabin," Rice said. "That you can come from humble circumstances and do great things." That's what has brought immigrants to this country for years, she said.

"We've got to keep welcoming these people," Rice said.

What struck me was that Rice's father seemed to be a great guy, but she herself fell far from that apple tree.

There is a great discussion as to why the Republicans, and specifically the Bush adminstration do in regards to immigration reform at the Wonk Room.

-Hat Tip to Julio for sharing the article.

Be a Hero, Donate Blood

Jul 6, 2009, John McDonald, New Jersey
"Its [petition to stop Muslim immigration into the US] important because by its own oft stated intent and deadly displayed conduct "The Religion of Peace'' is niether a religion nor peaceful . Islams ultimate goal is the domination of the world under Islam and Sharia law. Islam is TOTATLY incompatible with Western Judeo-Christian society and values. Muslims belong in Westen countries like polar bears belong in the Amazon."

We Go Where Globalization Takes Us

NNIRR- National Network for Immigrant and Refugee Rights has an online art auction at Ebay to raise funds. The artwork is by this collaboration. Ya'all should check them out to support them.

My personal favorite, if anyone wants to buy it for me as a gift is the one above. Immigration Debate really isn't about "people" rather its about our economic model, something we wholeheartedly embraced and now Americans are experiencing the unintended consequences that come with the free movement of money- people, things, idea's and problems- in one word, life.

Support Immigration Reform because Americans are better then the current debate, call your congressional representative and tell them its time to have a comprehensive, just and humane immigration policy!

Imam Beaten By Immigration Customs Enforcment

The following is from NNIRR:

At least six Immigration and Customs Enforcement (ICE) agents at the federal immigration detention center in Atlanta brutally beat Mr. Rebhy Abdel-Malak on November 20, 2008 and forced him to sign away his rights in order to deport him to Egypt. After the beating, ICE agents took Mr. Abdel-Malak to the airport where the airplane pilot refused to take off, fearing Mr. Abdel-Malak would die en route. ICE agents retrieved him and took him to an ICE jail in Alabama, where he was finally given medical care.

After pressure from NNIRR members, Mr. Abdel-Malak's deportation was temporarily halted. ICE retaliated by putting him in solitary confinement, even while the U.S. Attorney's Office opened an investigation into the complaints of ICE abuse.

On June 29, 2009, ICE agents took Abdel-Malak from his cell in Atlanta in the middle of the night, and put him on plane to New York. An ICE agent guarded him all the way to Egypt, where he was turned over to Egyptian police.

TELL U.S. ATTORNEY'S OFFICE:
Ensure Safe Return of Rebhy Abdel-Malak
Investigate & Prosecute ICE Officials Responsible for Abuse

After being held for one day, Abdel-Malak was released by Egyptian security police. He is now staying in his in-law's home, but his family and supporters fear for his safety.

NNIRR, along with hundreds of supporters, are demanding that DHS ensure the immediate safe return of Rebhy Abdel-Malak to reunite him with his family in the U.S.

Send a fax and call the U.S. Attorney's Office to finish the investigation of the ICE officials and agents responsible for beating and violating the rights of Rebhy Abdel-Malak. Raise your voice and demand that they be held accountable. Click here to send a fax to the U.S. Attorney's Office.

DEMAND U.S. ENSURE SAFE RETURN OF
REBHY ABDEL-MALAK

Sign the petition demanding the safe return of Rebhy ABdel-Malak.

Please click here to read the full story and to support the humanitarian and safe return of Rebhy Abdel-Malak.

Also check out:

Pastor Beaten by Border Patrol

Hate Crime in Inland Empire?

Imam Dies in a "Suspicious" Fire

I wrote about the two cases of Mosque's being vandalized- Bakersfield and Cypress, and how Cypress was being investigated as a hate crime.

This is really sad news. Imam Ali Mohammed, formerly of Yermo, was found dead- burnt alive- at his house. His house was a lot that contained several buildings, one of them was used as the Yermo mosque. In 2007, that mosque was burnt down. The suspects were arrested, however, it was not considered a hate crime.

Imam Ali's family is well known in the High Desert- those of you not familiar, California has a high desert northeast of Los Angeles, the cities of Palmdale, Lancaster, Edwards Air Force Base, Rosmond, Barstow, Victerville, Apple Valley, and others make up this region- he was a regular khateeb (Friday Sermons) at the Palmdale Mosque. He was the father of nine kids, Jordanian immigrant, who had resided here for some 30 years ago.

Imam Ali's Mosque in Yermo served some 200 Muslims in that area and some 22 families were regular attendees. Imam Ali decided to close up and move his family to Victorville, some 30 minutes away. The family says they had had a difficult time dealing with the anti-Muslim harassment and prejudice by individuals in the area.

Imam Ali went back to his house in Yermo, after reports came to the family that the house had been vandalized. The picture above is just one of the hate messages left all over the house. CAIR was provided with other pictures- all of which are just as ugly and explicit- here.

Shortly after getting there, it seems there was a fire and explosion and Imam Ali now is dead, his body is with the coroners as it undergoes an autopsy. This Saturday it will be one week since the Imam passed away and the only news we got was from the Desert Dispatch, where it seems, very little is brought up about the harassment, anti-Muslim environment and hate messages.

I attached a picture of the Imam. It was forwarded to our office by the family, and while I personally did not know the Imam, I can say that the communities of the High Desert are really hurting and mourning the loss of some one who was warm, loving and an energizing force in an area that often times gets neglected by the Muslim leaders of Southern California. There are thousands of Muslims living out there and many of them were directly touched by the Imam's sermons, advice and charisma. His son says:

“My father was a deeply caring person who worked toward building peace, unity and harmony among residents of the High Desert,” said Hadie Mohammed, the imam’s son. “During this time of immense grief, my family is grateful for the condolences and community support and pray that those who committed this horrific crime will face justice.”

This news comes in the face of a Mosque in Florida (update)being targeted for vandalism. One wonders how horrible this deep seated hatred could be that it could possibly have been the cause of the death of a human being who stood against that very hatred and ignorance.

In this sort of time, it makes us wonder if we believe in our faith to the point to give up our lives for it? Maybe, even, if we don't, do we have control of the things that people hate us for- our race, our nationality, our gender, our immigration status (though we might be naturalized citizens, the way we talk, act, dress all these things)- things that are not in our control and yet are the essence of who we are. But then what is patriotism or even to be American?

These people seem to say that to be American one must only be white, speak English, and think narrowly and with vast swaths of exclusion.

What we are left with in the face of these circumstances, I believe, is our faith. Please keep Imam Ali and his family in your prayers. (I found this to be very useful in terms of Death, Burial and Supplications for Muslims)

UPDATE- FRIDAY, JUNE 3, 2009; ABC Local News:



Read about the Related Posts Here:

• Cypress Masjid Hate Crime
• Bakersfield Masjid Case
• Check out- Top Muslim Blogs

UPDATE: Jackson To Be Buried as Muslim

Go some reports from some obscure website- gossip site?- reporting a "close" family contact that says that Jackson's are considering a Muslim burial.

X17 Online reports:

"The family is considering following the Muslim burial traditions because they believe Michael would have wanted to be laid to rest in keeping with his new-found religious beliefs," says the source.

I guess, we have to wait and see if its actually going to be the case, as the report seems not to be real factual as of yet, nor is it being reported by a "credible" news source. What happens though, since Muslims bury the dead within 2 days, the body of Micheal now has been not buried for a week?

Related Article- Buried as a Muslim- Janazah Prayers for Micheal Jackson?

Check out- Top Muslim Blogs